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http://www.mckinneylawfirm.com 615-686-2115 Nashville TN Criminal defense attorney Rob McKinney has over 16 years experience handling all types of criminal cases including first degree murder cases, DUI cases and even shoplifting cases.

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Nashville DUI/DWI Law Blog

DUI charges could rise with more enforcement through Labor Day

The annual "Booze It & Lose It" campaign recently got underway on Aug. 19 here in Tennessee. Numerous local law enforcement agencies team up with the Tennessee Highway Safety Office to increase police presence on the roadways in order to discourage and stop people from driving under the influence. Between now and Labor Day, DUI charges could rise across the state and the nation.

Tennessee participates in the National Highway Traffic Safety Administration's nationwide campaign in an attempt to lower the number of alcohol-related fatalities in the state. In all of 2015, crashes involving a drunk driver cost 239 people their lives. So far in 2016, 118 people have already suffered the same fate.

Investigation leads to arrest of politician for sexual assault

With this being a presidential election year, politicians are in the news nearly every day. One county commissioner here in Tennessee is even making news, but not because he is up for re-election. He did so because he was arrested for sexual assault and other charges stemming from a joint investigation involving the Tennessee Bureau of Investigation.

The 71-year-old man is accused of engaging in sexual relations with a minor. The incident allegedly occurred in April. The investigation, which lasted approximately three months, began in May after reports were made to officials. He faces two counts of exploitation of a minor, aggravated statutory rape and aggravated assault.

Drug and DUI charges filed in aftermath of hit-and-run

Recently, a driver decided to chase down another vehicle. After coming to a stop, the other driver contacted police and waited for them to arrive. By the time police left the scene, the driver of that vehicle was under arrest. The Tennessee man is now facing drug and DUI charges.

Supposedly, the accused man drifted into the oncoming lane of travel and struck the vehicle of the driver who ended up following him. The alleged victim then claimed that the vehicle failed to stop, which is why he chased the vehicle to the location where police were dispatched. Upon arrival, officers administered field sobriety tests, which they claim the Tennessee man failed. Furthermore, officers claim that the allegedly impaired man possessed illegal narcotics, a large amount of prescription drugs and drug paraphernalia.

Plea bargain reached in child sexual abuse case

A former teacher here in Tennessee started an after-school program for young boys who did not have a father figure in their lives. The program took place off school grounds. One of the participants in that program accused him of child sexual abuse. The man was charged with several sex crimes, and he recently entered into a plea agreement with prosecutors. 

Officials reported that the sexual abuse occurred between Jan. and Sept. 2011. At that time, the man was working at a Tennessee middle school. He then left that position and took another teaching job elsewhere. In May 2015, an investigation into the supposed victim's allegations began. The former teacher was arrested in Aug. 2015.

78-year-old man accused of vehicular homicide and 3rd DUI offense

If a driver is suspected of driving under the influence in the aftermath of an accident believed to be caused by him or her, additional charges could be filed in conjunction with a DUI. For example, if someone dies in the crash, the allegedly intoxicated driver could be charged with vehicular homicide as well. This appears to be the case in an accident involving a 78-year-old Tennessee man suspected of being impaired at the time of a fatal accident.

Preliminary reports from the Tennessee Highway Patrol indicate that there was a road construction crew working on Highway 88. The driver was traveling west toward the construction zone. There was a 63-year-old man in charge of detouring traffic around the crew.

Driver sentenced for vehicular homicide in fatal 2014 crash

Reports indicate that on July 26, 2014 a 44-year-old Tennessee woman was impaired as she drove at a high rate of speed. At some point, there was a crash, and her 40-year-old passenger died of injuries he suffered in the crash. Now, two years later, the woman has been sentenced for vehicular homicide.

The crash occurred at approximately 2 a.m. on that date. When the car left the road, it hit a tree and then rolled several times after going airborne. The driver survived, but with injuries. Authorities charged the woman with driving while intoxicated.

A day at the golf course ends with a vehicular assault charge

Golfing enthusiasts in Tennessee and elsewhere often enjoy a day riding in a golf cart, having a few drinks and conquering the golf course. However, what many people might not realize is that driving around the course while drinking comes with the same penalties as driving on any roadway. If an accident occurs and someone is injured, the driver could face vehicular assault and other charges.

An out-of-state woman and her husband were enjoying a day at a Tennessee golf club on a recent Saturday night when the husband fell out of the golf cart. When emergency medical personnel arrived, they determined that the man needed to be taken to an area hospital via helicopter due to the serious nature of his injuries. By Monday evening around 8 p.m., he succumbed to his injuries.

You can question the accuracy of field sobriety tests

Being pulled over and suspected of driving under the influence can be a disconcerting experience. Police officers will often put a driver through field sobriety tests. The tests that are used were developed by the National Highway Traffic Safety Administration (NHTSA), and people here in Tennessee and elsewhere are often given the impression that they are infallible. However, that could not be farther from the truth.

The tests are subjective, and some people would not be able to pass them even if they had not had one drink. Research shows that certain sober people tend to fail these tests. People who are over the age of 65, more than 50 pounds overweight and those who have problems with their knees, ankles or backs tend to have difficulty with the tests. Furthermore, a driver who is wearing high heels (three inches and up) could easily have issues.

Facing aggressive prosecution, man enters guilty plea

Sometimes the evidence against a Tennessee resident accused of sex crimes is so overwhelming that the risk of going to trial is too great. When that individual is facing aggressive prosecution for a crime under these circumstances, it might be beneficial to work with prosecutors in order to come to an alternative resolution. In these cases, entering a guilty plea could help control the penalties he or she is likely to face.

For example, a Tennessee man found himself under investigation for attempting to induce children to come into his home for the purpose of having sex with them. When investigators questioned him about the allegations, he told them that he found children from the ages of nine through 12 attractive. In April 2015, officials arrested him.

New laws now in effect regarding driving under the influence

On July 1, Tennessee began a new fiscal year. With that beginning came a number of new drunk driving laws that went into effect. Anyone convicted of driving under the influence could face harsher penalties.

The majority of the changes will not affect first-time offenders as much as they will those who are repeat offenders. The biggest change for first-time offenders is that unless good cause is shown, an ignition interlock device will be ordered for everyone convicted of drunk driving. Law enforcement officials are also now required to run criminal background checks on every driver suspected of being impaired.